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Search Results 0 to 49 of about 2,054 (some duplicates have been removed)
SFGTV
Nov 13, 2012 11:00am PST
of interest, or government ethics laws, regulations. the difference between them is that the complaints can be filed under 4.105 a. alleging many different violations of improper activities but under 4.105 d, not all of them are investigated pursuant to procedures in c3699-13. so the whole thing in my opinion is moot. . i believe that miss herrick, may have also have wrongly claimed that the california evidence code 1040, and its definition of official information, may have been misquoted and she may have incorrectly relied on deputy city attorney improper letter to the sunshine ordinance task force in which he wrongly combined two or three of dr. derek kurr's complaints under one ball of wax wrongly. he made a mistake when he did that. in section 1040 is not whether disclosure is permitted, it is whether disclosure is forbidden. jerry made that lettering error. how a deputy city attorney can confound forbidden can permitted and then, deputy city attorney herrick fell into the same mix is really disturbing. >> let me ask you about that mr. hau. because c3-699-13, appears to use the term t
SFGTV
Nov 10, 2012 2:00pm PST
to the extent permitted by state law. >> i draw your attention, commissioner hur to section 1040 b. i'm assuming that state law takes precedence over 699-13. i would assume, sir, that you would know that 1040 should take precedence over the city charters or this particular government conduct code which is not even at the city charter level, if i am right. >> 1040 b, clearly states, a public entity is a privilege to refuse to disclose official information... unless disclosure is forbidden. there is nothing >> in the act of the u.s. congress or any other statue that forbids the disclosure of the information that i am seeking. >> except that there is another paragraph, mr. shaw. i mean the basis for miss herrick's analysis is 1040 b2. she is not claiming that there is an act of congress that forbids this. she is claiming that the necessity for perceiving confidentiality out weighs disclosure. >> commissioner hur, let me respond to that question and that is, sunshine ordinance, if you have ever read it specifically bars every agency in san francisco from exerting the official information privilege u
SFGTV2
Nov 10, 2012 11:00pm PST
cases against that school discipline, but holly has come up with a really wonderful solution within law enforcement that we would love you to talk about and it's preventive and solution. >> thank you. it's not going to be a shock to you that i don't have a sizzle reel but i did manage to get a few powerpoint slides in so it's a good thing if i can get my next one. can you advance it for me please? so it is a safety course that i created with yahoo. we partnered together. i started asking questions the first day so my boots are on the ground and i'm in the schools and i love doing what i do, and i believe wholeheartedly and i believe it was the soft power -- yes, i love it. i think it's effective in so many ways, so i had luckily teamed up with the right people at yahoo who were really amazing and just the foresight they saw, and believed in the concept that law enforcement needs to be a piece of this puzzle and have some solutions. we have a unique part in the schools and with kids and this did get certified for the peace officer standards and we get credit for that being police
SFGTV
Nov 10, 2012 1:30pm PST
of bias. and i think that is... i think that is clear that there is going to be some perception. the law does provide, though, that even some perception of bias is permissible in a situation like this where you have no legal conflict and we really don't have other options that would allow us to have somebody else adjudicate it. >> may i complaint on that point? >> you will have that opportunity, mr., shaw. so, i am not sure that we have a choice. it doesn't sound like we have a choice. and i, i don't think that an advisory opinion will be particularly helpful if we have to readjudicate it. >> i agree. >> i am not sure that this is, where they have to make determinations related to the executive directors that they hire and work with and conduct business together, that they investigate harassment complaints, whistle blower complaints they seek outside of the council to do that if they are well-organized. but they handle those because it is their job to do so. and i... so i raised it because we do want to be careful and thorough. but i think at this point it might make sense to proceed wit
SFGTV2
Nov 13, 2012 7:00am PST
a quick summary of the laws. the ada, calif. building code, the civil rights, and our experts here will elaborate. we also have a list of certified caps at work in san francisco for you. carla johnson with the mayor's office of disability has created a really good it died of out to interview your experts to make sure you are getting the best quality product for you. been next -- the money you pay for the inspection you can take as a tax deduction. any money that if you have taken can be applied as a tax deduction. this can be done on an annual basis. next, the opportunity, and a fund -- opportunity loan fund, providing for small businesses to pay for the inspection or to make improvements needed. to do it before you receive the lawsuit. and lastly, we of the bar association and their resources. they're providing their legal service for you. this last thing i am going to share with you in terms of what we have seen in our office is that with the individuals, that does not necessarily mean an individual will follow up with a lawsuit. what we've seen in our office is the individual's
SFGTV
Nov 10, 2012 2:30pm PST
to evade their daoulties under the law and to hide that from public scrutiny. the whistle blower laws are not be used to protect the whistle blower but to protect the target. they are being used to hide the true facts of the investigation and to allow the city agency and employees to evade their actions. they hide the extent and the validity of the investigative process used by the ethics staff and the public records law are always intended to disclose rather than conceal public matters. instead these laws are purposefully misinterpreted to protect the agencies in question but also the ethics staff. as far as you not having a conflict of interest, let's look at the arts commission when they got the report from the civil grand jury that listed what they had done, including spending $300,000 on things that they had no legal authority to do so. charging fees, that they had no legal authority and fire the cultural director and replace the head of the commission. the bottom line is if you were a commission and you were in charge of a staff and a staff screws up it reflects on you. you can'
SFGTV2
Nov 8, 2012 9:30pm PST
there are different needs in different communities? and i think perhaps the law enforcement folks feel the cultures in the communities and see that come out in the adults. i would like to hear about how do you affect a culture and even in san francisco we have many cultures affecting what is valued, what is criticized. >> you know i think that richard touched upon this. it's a relationship of power and it's clearly going to differ from community to community; right. when i was telling you i was picked because because i didn't speak english or at all initially there were only about 5% of us that were hispanic in the school and wouldn't be the case if 95% are hispanic and english speaking as a second language, but i think the way that we can deal with the issue is we ought to first of all start with the notion of respect for others, and respect for others can work across the line. it doesn't necessarily mean -- it doesn'tly has to deal with the culture. is how we treat one another? and i think we have to be very clear in our educational process and the communication to our people and what is accep
SFGTV2
Nov 11, 2012 5:00pm PST
and what is unacceptable behavior, and i am often fearful when we try to develop a black letter law if you have all these factors and bullying and you fell outside and that works okay in the courtroom. right? as prosecutors we need clear understanding of the laws to understand whether we have a criminal violation or not, but i am fearful we maybe overly legalistic and the way we deal with on a daily basis and we need to approach this by a global perspective respecting people and understanding we have the same rights and obligations and starting with the adults and i go back to the adults because the adults really have to tow the line here. they really have to walk the talk. i cannot tell you how often i of involved in large mentoring efforts and now in two different places, in l.a. and arizona. i cannot tell you how often the teachers are the ones that set the tone whether we have a respectable environment or and not part of that is education and we have to educate the adults that spend time with the kids and the federal government will come up with the giens and 37 factors or 40 and
SFGTV2
Nov 13, 2012 2:00am PST
ability to say, did you actually choose that and did you choose it in a way that the law would recognize. so the law all of the time develops concepts that scientists are interested in studying. it might be competency, for example. well, competency is really a multifaceted construct from a legal perspective. it could be competency to be executed, it could be competency to commit a crime. it could be competency to contribute to the decision as to whether voluntarily commit yourself to a mental hospital. it could be competency to participate in an abortion decision. so competency means many different things. the first thing you have to do as a scientist is ask the question, well, what does the law mean by it because if you want me to measure it, i have to somehow apply it. so going back to the question of free will, because a scientist can't operationally define it, they can't measure it, they're not really that much use to legal debates about free will. now, what does it mean on the legal side? i actually think the idea of free will or what is often referred to as volitional control plays
SFGTV2
Nov 8, 2012 10:30pm PST
haven't seen this until now coming together of law enforcement, educators and industry and a variety of other folks and nonprofits organizations and really understand the issue and dive into it. it's been awesome and a ton of learning has gone into this. alice is amazing. everything that happened with time warner and got together a year ago and partnered up on this and wouldn't it be great if we got two major media organizations together, one traditional media which has a a lot of strength in eaching people via tv and one reaching people socially and if you could gather these together imagine what we can do? and so i think you called sizzle real. it was a sizzling experience to be in a high school in hare land and felt like a football pep rally but it was about bullying and they all took the pledge to stop it when they see it and amazing experience and tip of the hat to time warner to really understanding the issue and putting the weight of the media empire behind it to reach people, and second of all understanding how you sort -- there is the bully and there is the person being
SFGTV
Nov 10, 2012 3:00pm PST
and determine whether any documents in it are must be disclosed under state law. and that is what the ethics commission does. so i think and i hope that answers part of your question. the second part and maybe this responds, is when the ethics commission investigates allegations of sunshine allegations involving other departments, they may, depending on the discorrection of the investigate or to review the documents that were not disclosed in order to determine what to do and how to proceed in their investigation. i think in this case, miss herrick could seek to review the files of the ethics commission to determine whether those files are documents that must be disclose under state law. i can speak for the whistle blower program. >> miss herrick, did you review the documents in the possession that were maintained by the ethics commission related to this matter? >> i did not. and just in response to your... all of your questions, we did talk a bit about, apen disd3, 699-1 3a of the city charter which does make the city records confidential. and consistent with any advice that we would get fr
SFGTV2
Nov 15, 2012 12:00pm PST
of public notification in a timely manner. it is wrong with state law with regard of the sunshine act of the legislature or ceqa. there is no way in which the city or the city counties as administrative district of the state can pass a laws or even consider laws that violate state law. therefore shouldn't even be an item. i will submit a document that our lawyers, dewey fleshman, who has challenged similar circumstances with park merced and given the fact that you have experience with these violations it should not reoccur. >> i would like to remind all members of public the matter before the commission right now is the continuance of the items proposed, not the matter of the item itself, but just the continuance. >> eric brooks representing san francisco green party and the local grass-roots organization "our city". just a shout out in the room not familiar with planning department's process. this is the opportunity to speak on item 11 and i speak to the fact they am very glad to see for whatever reason you're continuing this, and the reason being that this legislation in a simila
SFGTV2
Nov 10, 2012 6:30pm PST
and we decided that we would call it seth's law in honor of her, she had been in and around sacramento for a long time. so the legislation in and of itself, i don't think it's going to work miracles, but it is definitely on people's radar now and i think you hear it in the media more and more. the reason we have a suicide barrier and the reason we are having legislation like this is because of the parents and the families because they are the ones that hurt the most and i would imagine part of the therapeutic thing, you've got to tell this story and telling it in the right place and the right time can be very effective. so seth's law does require that if you witness an act of bullying, that you must report it. >> is that for anybody? >> anyone, but particularly teachers. there is a -- sometimes we see things that aren't very pleasant and if you've ever taken it to muni, you know what i mean. your tendency is to turn away. i heard the word faggot on the play ground when i taught. the teachers were intimidated, they didn't want to be seen to have any empathy because that might refle
SFGTV2
Nov 12, 2012 8:00pm PST
of the things that i noticed they think is really important for people in the school space and probably law enforcement to remember is that social media platforms whatever it is and you name it -- what? a million apps for the mobile platform alone. those are not the context of bullying. school life, school, peer life, peer relations. that's the concept of bullying whether it's bullying or cyber bullying and this blame the new thing that's come along because we don't fully understand it because we kind of don't like it, or it's a waste of time for kids and all of those things are understandable and we blame what we don't understand, but kids love the media and it's time to start the understanding and understanding that these media are totally blended into their lives. it's not an alternate reality or something separate or add on that the school and the school context is what we're really talking about here and that is 90% of their waking hours. that's their social life. >> and one of the reasons that a lot of researchers and nonprofits don't like the term "cyber bull" and it's about the
MSNBC
Nov 14, 2012 1:00am PST
beverage control is not only tasked with enforcing liquor laws in the state giving out licenses, they choose which wines and beers and spirits the citizens of the state of utah may purchase. the state government on behalf of its residents tastes wine and decides if it is good enough for utah. whether did the states deal with booze is really weird. i always thought it's because we had a long, strange, national failed experiment called prohibition that was not that long ago. when prohibition ended in 1933, americans could legally buy and sell and drink booze for the first time in 13 years. people were obviously psyched when prohibition ended, but there was a the lot of policy to figure out how to sell and regulate alcohol. would cities do it? would states do it? the federal government? do you need a license to sell alcohol? how old to drink alcohol? states came up with their own answers to those questions, and the laws between the states all these decades later are diverse. today for example 18 states are called control states, which means they control the wholesale and retail sal
PBS
Nov 13, 2012 10:00pm PST
to die, end-of-life decisions. it was about the rule of law. >> she took her life, and they helped her do it. >> jana was not terminally ill; she just thought she was. >> inside the hidden world of assisted suicide. >> today is thursday, and on sunday i am going to leave this earth. >> tonight ofrontline, "the suicide plan." >> frontlinis made possible by contributions to your pbs station from viewers like you. thank you. and by the corporation for public broadcasting. major support for frontline is provided by the john d. and catherine t. macarthur foundation, committed to building a more just, verdant and peaceful world. more information is available at macfound.org. additional funding is provided by the park foundation, dedicated to heightening public awareness of critical issues. and by the frontline journalism fund, with a grant from millicent bell, through the millicent and eugene bell foundation. major funding for "the suicide plan" is provided by the john and wauna harman foundation. (geese honking) >> it was a beautiful morning. the sun was out. and he said this was the day
CSPAN
Nov 10, 2012 4:45pm EST
the liberal protestant churches. this reenforce the second exceptional killer, common law, which posits god -- the law is given from god to the people and bubbles upward to the rulers. this gives us the government of the people, by the people and for the people that lincoln referred to. common law stands in stark opposition to almost every other nation on earth that has developed some form of civil law in which what trickles down from the top. germany and england had common law for a while but by the 20th century both had more or less abandoned it, germany more so than england. by the end of world war ii when your unloaded, however unwillingly, its colonies, those colonies were themselves designed on principles of civil law. the first true colors taken together mean a christian protestant religion influenced and shaped everything about american foundation of laws and define a system of personal rights. wasn't just that the united states with a democratic republic but that the very premise of what democratic republic men were likely to be far different in the united states than anywhere else
SFGTV2
Nov 10, 2012 10:00pm PST
't feel they had a place to go so there could be intervention so i think the partnership between law enforcement and between the schools and the school resource officers is critically important. we have prosecuted parents by the way who have encouraged their children to bully in a dramatic way. we prosecuted a mother who forced the 14 year old daughter to bully a 12 year old and resulted in the 14 year old physically attacking the girl with the mother screaming at her if she didn't continue to beat the kid she was going to get beaten and the kids watching were filming it on their smartphones and that girl -- the daughter was also a victim of bullying by her own mother and i think this is a place where law enforcement can step in and hold parents accountable and doing things aggressive or against the law and encourage the kids to do something against the law and getting the parent's intention and bring them in on some level. >> quickly i want to say something about this. i appreciate what you have said about the adults and the adults having responsibility but i'm going to speak pra
SFGTV2
Nov 11, 2012 11:00pm PST
donkey, or lack thereof. i love the picture. it reminded me of a priceless letter he sent to me in law school when he was over there in the peace corps. chris wrote wonderful notes and told me when he went running in the village where he was staying, only to have locals come up beside him and say where is it, where did it go. where is what? your donkey. i don't have a donkey. >> why are you running? [ laughter] >> for exercise. >> exercise? are you nuts? if you want exercise, come work on my orchard, you crazy american. >> chris succeeded because he knew how to laugh at himself and relate to people around him. there are two more memories i want to share. one deals with government and jazz. chris always wanted to work for the state department. he always wanted to be involved in the foreign service. he took the foreign service exam when we were undergrads at cal. he came back the first time, pleased with results on the written but felt he didn't do so well on the orals. the question that seemed to trip him up and left him perplexed was the following. mr. stevens, please compare american
CNN
Nov 10, 2012 9:00am PST
to smoke pot recreationally. the colorado governor says not so fast. he said this his words, federal law still says marijuana is an illegal drug so droeon't break the cheetos too quickly. there could be several legal challenges ahead on. this we want to bring in the legal guys, the experts, avery freeman in cleveland. and richard herman, a law professor joins us again from las vegas. great to see you both. >> hi, susan. >> hi, susan. >> avery, we want to start with you on this. washington state and colorado passing marijuana laws. there are still tough federal laws as i mention. who comes out on top here? >> at the end of the day do we treat marijuana like heroin under federal law or should it be taxed like in prohibition, the end of prohibition? ultimately, i think the decision is that congress is going to have to change the federal controlled substances act which again makes marijuana treated like heroin anday ultimately in an act of federalism, let the states decide. right now the federal government says it's unlawful. it's a federal crime. without congressional action, the prosecutio
SFGTV2
Nov 8, 2012 4:00am PST
law institute test because he could not control his behavior, congress in most state jurisdictions changed the law, got rid of the lack of emotional test, the a.l.i. test and now in most jurisdictions, the nontest requires that you demonstrate that you can't distinguish right from wrong. so now we have, and again, the law uses science for the law's own purposes, but what is problematic here is the disconnect. from the criminal side, if you lack emotional control, you go to prison because you can't win under the test because the test doesn't apply. when you walk out of prison and you lack emotional control, you get civilly committed. so what we have is a fundamental disconnect between how we view philosophy of free will and human control on the criminal side versus the civil side and not surprisingly on both sides "the state wins" because on the criminal side you go to prison and on the civil side, you get incarcerated civilly. >> i don't think that's much of a disconnect. i think -- so i agree with you the test has changed. that's not what i'm talking about. if you look at the kind
SFGTV
Nov 10, 2012 1:00pm PST
the law as written, is wrong. and quit advising them to do it. this also referred to the district attorney office as well as this. >> good evening, commissioners, my name is dr. derek kerr. and i have comment that relates to the executive director's report and your annual report to the board. as you know, protection of whistle blowers is one of your mandates, it is in article four of the campaign and government conduct code. but your work in this area is invisible. there is nothing about whistle blower retaliation in your minutes for the last seven years, or your director's reports, or your annual reports. recently the controller's whistle blower program has been reporting retaliation complaints. 17, this year, none substantiate. since 1995 none have been by this body. each year you are required to provide a report to the board of supervisors. one requirement is that you note the number of complaints that you have received. another requirement is to report, the type of conduct complained about, unquote. and so please consider adding whistle blower retaliation to the categories of complaint
SFGTV
Nov 11, 2012 6:00am PST
a difference of opinion among gay men. i want to make one more point. specific are there laws on the books that cover this situation? there aren't and which is why berkeley and san jose and other cities have their nudity restrictions above and beyond the penal code. if there were laws in place i wouldn't have addressed this legislation and subjected myself to some, shall we say interesting commentary among some of the opponents. and i include frankly the argument that i truly disagree with, and has been repeated over and over in some quarters, that saying that you have to cover your genitalos a public street or sidewalk is no different than requiring women to wear burkas or banning gay men or drag queenos the street. i disagree with that comparison and i think most people do. public nudity is currently legal in san francisco except for the parks and ports and restaurants and the suggestion that we should use the lewd behavior laws and the indecent exposure laws is problematic and ineffectual. it's unclear that cock rings and other behaviors that we see would qualify as lewd. i think
Search Results 0 to 49 of about 2,054 (some duplicates have been removed)